You may not write to the parent of an Australian serviceman, who lost his life in the service of his country, and compare him to a pig and dirty animal. You may not call him a a murderer of civilians, and Adolph Hitler not inferior to him in moral merit. You may not refer to …
Month: February 2013
The law giveth; and the law taketh away: Brittain v Mansour [2013] VSC 50
On 30 August 2011 Ellie Mansour pleaded guilty to one charge of selling unsuitable food, contrary to the Food Act 1984 s 12(2).The Magistrates' Court sitting at Melbourne imposed on Mr Mansour an adjourned undertaking without conviction, in accordance with Sentencing Act 1991 s 75, with a special condition that he pay $2500 to St …
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Dogged investigator
The first post I did for this blog was on the subject of tracker dogs giving evidence in court - or more accurately, their handlers.That's all the justification I need to jump on board this story doing the rounds, thanks to the Daily Mail.When prosecutors in Britain requested a statement be taken from an officer …
Instructors at trial
Edit: The judgment referred to below can now be found on AustLII (suitably redacted), as MK v Victoria Legal Aid [2013] VSC 49.On Monday the Supreme Court will rule on an application in a murder trial for an order directing Victoria Legal Aid to,provide legal representation to the accused necessary for the accused to receive …
Functus officio: DPP v Edwards [2012] VSCA 293
Functus officio is a latin phrase that translates as 'having discharged an office'.In the law, it's closely related to the doctrine of res judicata, which refers to a matter decided or adjudicated by a competent court and so conclusive between the parties to the matter.The difference between the two, if there is one, is not …
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